Art. 425.Preclusion By Judgment
Title II. Actions · Chapter 1. General Dispositions · Last amended 1991 · Last verified July 30, 2026
Full Text of Art. 425
Amendment History
Acts 1990, No. 521, §2, eff. 1/1/1991; Acts 1991, No. 367, §2.
Plain-English Summary
Article 425 sets Louisiana's rule against claim-splitting. When a dispute arises out of one transaction or occurrence, a single contract gone wrong, one accident, one course of dealing, a party must bring every cause of action arising from it in that same lawsuit. Holding one claim back to file later, after the first suit ends, generally is not an option: the judgment in the first suit forecloses claims that could have been asserted in it.
The rule pushes litigants toward one full airing of a dispute rather than repeat rounds of litigation over the same underlying events. It rewards a plaintiff who thinks through everything the transaction might support before filing, and it protects a defendant from being sued again and again over the same events.
Family law gets carved out. A divorce action, a request to resolve the matters that come with it such as custody or support, a claim for contribution toward a spouse's education or training, and a later action to partition community property and settle claims between spouses can proceed as separate lawsuits without running into this rule. Louisiana recognizes that these matters often can't, or shouldn't, all be resolved in a single proceeding.
Frequently Asked Questions
What happens if I leave out a claim that could have been raised in my lawsuit?
Article 425 generally precludes bringing that claim later in a separate suit, if it arose from the same transaction or occurrence already litigated.
Why are divorce and property division exempted?
Because those matters commonly unfold in stages, a divorce, followed later by support disputes, education-contribution claims, or the division of community property. Article 425 lets those proceed as separate actions rather than forcing everything into one suit.
Is this the same idea as res judicata?
It's closely related. Article 425 is the rule that requires related claims to be joined in the first place; the preclusive effect of a final judgment carries out that requirement afterward.
Does this rule cover entirely unrelated claims against the same defendant?
No. It only reaches claims arising out of the same transaction or occurrence already before the court, not unrelated disputes between the same parties.